BMF v Commissioner of Victims Rights [2020] NSWCATAD 97

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMF v Commissioner of Victims Rights [2020] NSWCATAD 97 Hearing dates: 11 October 2019 and 15 November 2019 and on the papers (Submissions closed 13 January 2020) Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: (1) In proceedings 2019/00067763 the decision of the respondent of 2 November 2019 is affirmed. (2) In proceedings 2019/00067771 the decision of the respondent of 2 November 2019 is affirmed. (3) In proceedings 2019/00067746 the decision of the respondent of 2 November 2019 is affirmed. (4) In proceedings 2019/00067758 the decision of the respondent of 2 November 2019 is affirmed. (5) In proceedings 2019/00067742 the decision of the respondent of 2 November 2019 is set aside and in substitution of that decision the respondent is to give support under section 26 (1)(d) by way of a Category B Recognition payment. (6) In proceedings 2019/00067751 the decision of the respondent of 2 November 2019 is set aside and in substitution of that decision the respondent is to give support under section 26(1)(d) by way of a Category D Recognition payment. (7) In proceedings 2019/00025382 the decision of the respondent of 2 November 2019 is set aside and in substitution of that decision the respondent is to give support under section 26(1)(d) by way of a Category D Recognition payment. Catchwords: ADMINSTRATIVE LAW – Victims Support – act of violence – whether evidence satisfied elements of act of violence – whether medical evidence verifies injury series of related acts – sufficiency of evidence – whether applicant primary victim of act of violence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes Act 1900 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2019 (NSW) Victims Support and Rehabilitation Act 1996 (NSW) (repealed) Cases Cited: BMF v Commissioner of Victims Rights [2016] NSWCATAD 144 R v Donovan [1934] 2 KB 498 Victims Compensation Fund Corporation v Brown [2003] HCA 54 Victims Compensation Fund Corporation v GM and 5 Ors [2004] NSWCA 185 Category: Principal judgment Parties: 'BMF' (Applicant) Commissioner of Victims Rights (Respondent) Representation: Solicitors: Applicant (Self Represented) S Sabesan (Victims Services Legal) (Respondent) File Number(s): 2019/00025382; 2019/00067742; 2019/00067746; 2019/00067751; 2019/00067758; 2019/00067763; 2019/00067771 Publication restriction: S 64(1) of the Civil and Administrative Tribunal Act 2013 applies to the identity of the applicant.